senate Bill S7144

2011-2012 Legislative Session

Relates to alternative institutional support programs for school districts

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2012 referred to education
delivered to assembly
passed senate
Jun 11, 2012 advanced to third reading
Jun 06, 2012 2nd report cal.
Jun 05, 2012 1st report cal.1034
May 01, 2012 referred to education

Votes

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S7144 - Bill Details

See Assembly Version of this Bill:
A10366
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd ยง3641, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S6927

S7144 - Bill Texts

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Relates to experimental alternative institutional support programs for school districts.

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BILL NUMBER:S7144

TITLE OF BILL:
An act
to amend the education law, in relation to alternative
institutional support programs

PURPOSE:
To allow school districts to contract with approved alternative
institutional support services programs to students at risk who may
benefit from such programs.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends Section 3641 of the education law by
adding a new subdivision 16.
Paragraph one provides that public school districts shall be
authorized to contract with alternative institutional support
services programs to provide instruction and support services to
special and non-special education students who are at-risk.

Paragraph two provides that the contracting school district shall
provide the alternative institutional support services program with
the actual cost of services provided and that the students shall
continue to be counted by the District of Residence for purposes of
determining Federal and State Aid.

Paragraph three provides that school districts may also contract with
approved alternative institutional support services programs to serve
as Interim Alternative Educational Settings (IAES), as defined by
Federal and State law compensation to the approved alternative
institutional support services programs for serving as an IAES shall
be on an actual cost basis.

Paragraph four provides that the Commissioner of Education shall
process applications for and maintain a list of approved alternative
institutional support services programs and requires that a
not-for-profit, non-sectarian educational program be approved as an
approved alternative institutional support services program if the
program utilizes certified personnel and has demonstrated a minimum
often (10) years of improved student performance for at-risk students.

Section 2 of the bill provides for an effective date.

JUSTIFICATION:
The number of students who are at-risk of failing and/or dropping out
of school has reached epidemic proportions. Addressing the needs of
at-risk students is vital to maintaining and improving the health of
the State's educational system. Students both with and without
disabilities who are (i) at-risk of dropping out of school, (ii) in
danger of academic failure, (iii) excessively truant, (iv) school
phobic, (v) peer relationship challenged, (vi) have engaged in

certain disciplinary situations or (vi) at risk of placement in a
residential setting can often succeed if provided with the right
alternative learning experience, such as highly individualized or
very small group instruction with supports. Yet, public schools are
often not equipped with the flexibility or resources to offer this
type of programming to its students.

Several not-for-profit programs throughout the State have extensive
experience in providing alternative learning experiences to these
types of students. Indeed, in many cases, students otherwise at risk
of dropping out or failing have successfully earned High School
diplomas with the assistance of these programs. The Education and
Assistance Corporation Learning Centers (EAC), for example, served at
risk students for over 40 years while consistently demonstrating
success for at-risk youngsters who would otherwise be on the cusp of
dropping out of school or being placed in a residential setting.
Despite the fact that EAC provided services to students who are often
considered at the greatest risk of failing or ceasing their
education, almost 95% of its students earn a high school diploma.

These program models are community based not-for-profit programs
poised to provide innovative education solutions to some of the
state's most needy youth. The programs have the capacity to accept
students expeditiously and swiftly provide them with intense support.
Moreover, where appropriate, programs like EAC have been successful in
transitioning youth back into their home public schools for graduation.

Despite EAC's long success and the school district's support, the
programs ceased operation in June 2011, because there is no
legislative authority to enable public school districts to contract
with private not-for-profits to provide educational services to
at-risk students. Without the instant legislation this fragile
population is at even greater risk of not receiving the types of
services they need to meet with success, and the achievement gap will
continue to widen. This legislation bridges that gap by enabling
public schools to contract with not-for-profit corporations and
supports some of the State's neediest students in reaching the top of
their educational potential.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
No new costs.

EFFECTIVE DATE:
This act shall take effect immediately.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7144

                            I N  S E N A T E

                               May 1, 2012
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to  alternative  institu-
  tional support programs

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 3641 of the education law is amended  by  adding  a
new subdivision 16 to read as follows:
  16.  ALTERNATIVE INSTITUTIONAL SUPPORT AID. A.  BOARDS OF EDUCATION OF
CITY, COMMON, UNION FREE AND CENTRAL SCHOOL DISTRICTS SHALL  BE  AUTHOR-
IZED   TO  CONTRACT  WITH  APPROVED  ALTERNATIVE  INSTITUTIONAL  SUPPORT
SERVICES PROGRAMS TO  PROVIDE  INSTRUCTIONAL  AND  SUPPORT  SERVICES  TO
SPECIAL  EDUCATION  AND/OR NON-SPECIAL EDUCATION STUDENTS WHO ARE DEEMED
BY THE DISTRICT TO BE AT-RISK.
  B. PAYMENT PURSUANT TO SUCH CONTRACT SHALL BE FROM THE DISTRICT TO THE
APPROVED ALTERNATIVE INSTITUTIONAL  SUPPORT  SERVICES  PROGRAM  FOR  THE
ACTUAL  COST  OF THE APPROVED ALTERNATIVE INSTITUTIONAL SUPPORT SERVICES
PROGRAM'S PROVISION OF SERVICES AND INCLUDE  COSTS  FOR  ADMINISTRATIVE,
INSTRUCTIONAL,  OPERATING AND SUPPORT SERVICES EXPENSES PROPORTIONATE TO
THE STUDENT'S  ATTENDANCE  IN  THE  PROGRAM.  STUDENTS  WHO  ATTEND  THE
APPROVED   ALTERNATIVE  INSTITUTIONAL  SUPPORT  SERVICES  PROGRAM  SHALL
CONTINUE TO BE COUNTED BY THE DISTRICT  OF  RESIDENCE  FOR  PURPOSES  OF
DETERMINING  FEDERAL  AND STATE AID TO THE DISTRICT RELATIVE TO STUDENTS
WITH AND WITHOUT DISABILITIES.
  C. DISTRICTS MAY ALSO CONTRACT WITH AN APPROVED  ALTERNATIVE  INSTITU-
TIONAL  SUPPORT  SERVICES  PROGRAM  TO  SERVE  AS AN INTERIM ALTERNATIVE
EDUCATIONAL SETTING, AS DEFINED BY THE FEDERAL INDIVIDUALS WITH DISABIL-
ITIES EDUCATION IMPROVEMENT ACT AND CONCURRENT STATE LAW. A DISTRICT MAY
CONTRACT WITH THE APPROVED ALTERNATIVE  INSTITUTIONAL  SUPPORT  SERVICES
PROGRAM FOR SERVICES AS AN INTERIM ALTERNATIVE EDUCATIONAL SETTING WHEN-
EVER  A  STUDENT  IS ELIGIBLE FOR SUCH PLACEMENT IN ACCORDANCE WITH LAW,
SUCH AS IN CERTAIN DISCIPLINARY CONTEXTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15552-01-2

S. 7144                             2

  D. THE DISTRICT SHALL COMPENSATE AN APPROVED ALTERNATIVE INSTITUTIONAL
SUPPORT SERVICES PROGRAM SERVING AS  AN  INTERIM  ALTERNATIVE  EDUCATION
SETTING ON AN ACTUAL COST BASIS.
  E. THE COMMISSIONER SHALL PROCESS APPLICATIONS FOR AND MAINTAIN A LIST
OF  APPROVED  ALTERNATIVE  INSTITUTIONAL  SUPPORT  SERVICES PROGRAMS. AN
ALTERNATIVE INSTITUTIONAL SUPPORT SERVICES PROGRAM SHALL BE APPROVED  IF
IT  IS A NOT-FOR-PROFIT, NON-SECTARIAN EDUCATIONAL PROGRAM THAT UTILIZES
CERTIFIED PERSONNEL AND HAS DEMONSTRATED  A  MINIMUM  OF  TEN  YEARS  OF
IMPROVED STUDENT PERFORMANCE FOR AT-RISK STUDENTS.
  S 2. This act shall take effect immediately.

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